Data Rights & Privacy

Privacy and data security issues impact nearly every area of a company’s operations, as today's technologies have made it easier than ever for companies to collect, use and transfer data throughout the world. The regulation of data has expanded, imposing complex and often inconsistent privacy and data protection standards. At the same time, the legal and business risks associated with non-compliance have escalated.

In this evolving area of law, Waller's attorneys provide advice on transactions as well as conduct security and risk assessments, provide training on incident response, assist clients who have suffered a breach or other data incident, coordinate with law enforcement when appropriate, advise executive leadership teams and boards, handle investigations and defend lawsuits.

A variety of companies, including health systems, universities, large and midsize businesses and emerging technology companies, call upon Waller to provide counsel on all aspects of data privacy, security and information management strategy. Clients look to our team due to our experience in the area of data privacy and security and our network of resources and partnerships with security firms, risk management companies and other advisors, and law enforcement. Our services include:

• Managing risk by developing and implementing policies, procedures, standards, baselines and guidelines to manage privacy, security and compliance issues
• Designing and implementing risk management plans and programs, including security incident response plans, information privacy and security compliance plans, and business continuity and disaster recovery plans
• Conducting internal investigations as well as communication with affected parties, regulators and law enforcement 
• Preparation of incident preparedness strategies
• Conducting contract review and preparation, due diligence, gap analyses, integration and interoperability issues, negotiation of appropriate representations and warranties, and transferability of information under international, federal and state laws and regulations
• Advising policyholders on the legal issues associated with insurance products related to privacy, data security and cybersecurity
• Helping clients respond to federal and state investigations and litigating claims associated with privacy violations, data breaches and related technology failures
• Defending litigation in federal and state courts involving data privacy and security breaches and other data incidents
• Partnering with our clients to prepare privacy and other related policies and to establish appropriate reporting procedures and data workflows unique to each business and industry